HUNTINGTON – A Huntington business is accused of unlawfully terminating an employee while he was in the hospital.
Kenneth S. Ramella filed a complaint Oct. 20 in Cabell Circuit Court against Tri-State & Sealcoating LLC alleging that the former employer violated the West Virginia Human Rights Act.
According to the complaint, the plaintiff was employed by the defendant as a concrete finisher. The suit states on Aug. 17, he was admitted to the Charleston Area Medical Center because of a perforated trachea. The suit states he contacted the defendant to inform him of his medical condition and then he was terminated the following day.
The plaintiff holds Tri-State Paving & Sealcoating LLC responsible because the defendant allegedly failed to provide reasonable accommodation via a temporary leave of absence and discriminated against him because of his disability.
The plaintiff requests a trial by jury and seeks punitive damages, pre- and post-judgment interest, attorney's fees and costs. He is represented by Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Christopher D. Chiles.
Cabell Circuit Court case number 17-C-596